Need help asap...Asset Acceptance summons

What state do you live in????

Ok ted, let me understand u correctly... there's only 2 questions on ur summons?? I have a copy of how to answer a summons from this site, here it is:

Quote:

Asset's affidavit"cough toilet paper cough" is hearsay and not admissible as court evidence provided you challenge it.

There ya go! Knew Cajun would be along with advice!
Thanks Cajun,
Have a good one,
Ang

You must answer first to avoid a default judgment. What state are you from and what court district is this suit gonna be in?

I would also contact Dell and whatever bank you used to pay this debt originally.You will need to gather documents to plan your defense.

I looks like the Statute of Limitations has run out on this in most states. Like bulldog asked, What state are you in? Please go to this link so you can see the type of illegal slime you are dealing with
http://www.budhibbs.com/debtcollectorpages/asset_acceptance_corp.htm

After reading about them I do not think they will even show up in court for risk of embarrassment. Just make sure that you do if it comes down to it. Please, once again, go to the link that I posted. There is much help for you there.

And also plz make sure to answer the summons or they will win by default, which more than likely, they're banking on!
Good Luck,
Ang

I live in KY, and its Pike District Court. It is only 2 statements on the summons, plus demands, then on the back page is an affidavit from a supervisor on asset stating that I owe this debt. I know how to answer #1 and #2, but how do I answer their demands? or do I need to?


Comes the Plaintiff, by counsel, and for its cause of action against the Defendant states as follows:

1. The Plaintiff owns and is the holder of an account due and owning by the Defendant, and is the assignee of Dell Financial Services.

2. The Denfendant is indebted to the Plaintiff in the amount of $2588.44, as evidenced by the attachment hereto referenced as Exhibit "A."


WHEREFORE, Plaintiff demands:

1. Judgement against the Defendant in the sum of $2,588.24;

2. Interest thereon at the rate of 8% per annum from June 2, 2007 and 12% per annum from the date of Judgement, until the Judgement is satisfied;

3. For Plaintiff's cost herein expended;

4. For any and all other relife to which the plaintiff may be entitled pursuant to contract, statute, or common law.

Ok hang on a min, so u only have to answer the 2 questions and u will deny both, right? I posted exactly how u will answer this summons and send to the courthouse and the attys. Also add on Affirmitive defenses. If u dont' feel comfortable with doing this on ur own go to Bud Hibbs site and he will refer an atty in ur area to help u with this! Also, send out a debt validation letter today! Make sure it's return reciept requested or they will deny ever getting it!
Good Luck,
Ang

Thanks Ang

Rules of civil procedure vary state to state, but generally you would state something like this,

Now comes Your Name ("Defendant"), pro se, Your Address in answer to the complaint of Name of company ("Plantiff"), address of company

1. Defendant has no knowledge of the Plantiff's business affairs.

2. Defendant denies all in paragraph 2. Furthermore, Defendant asserts that the mentioned "Exibit" is heresay.

Wherefore Defendant

Asks the court for dismissal. Defendant asserts that Plantiff's "Exibit A" is heresay, can prove no contractual obligation of Defendant to Plantiff, and has shown no actionable cause.


Something like that. But remember, states are different. Some require you to use the header "Answer to Complaint", some "First Answers", and some even to repeat in smaller letters "Answer to Complaint" at the bottom. Some state's rules of civil procedure even dictate the size of the paper, ie. 8 1/2 x 11, etc. Look up Florida Civil Procedure online.

hiya tedcom, hang on one second.

You live in Kentucky, right? Ok, in your state, the statute of limitations appears to be five years. Depending on the actual time that this account went delinquent, or when they claim it did, this could be within SOL or it could be out of it.

Ang is on the money when it comes to answering the summons. They have provided no proof whatsoever--an affidavit is useless. Here's the thing--they need to prove that they have a legit debt on their hands. Your best bet is to prove that the account you had with Dell was paid off and closed. Contact Dell for that---they should have records of this for you. Also, if for some reason there is an account there with your name on it, they can tell you this.

Once you can prove that your account was in fact paid off, your answer would look like this:


1. The Plaintiff owns and is the holder of an account due and owning by the Defendant, and is the assignee of Dell Financial Services.
ANSWER: Defendant denies the statement in paragraph 1.

2. The Denfendant is indebted to the Plaintiff in the amount of $2588.44, as evidenced by the attachment hereto referenced as Exhibit "A."
ANSWER: Defendant denies the statement in paragraph 2.

AFFIRMATIVE DEFENSE
Defendant has contacted original creditor, Dell, and received a statement from Dell that they have no record of any outstanding debt in defendant's name, as evidenced by the attachment hereto referenced as Exhibit "1".(include copy of statement from Dell, this is of course only if you can get this statement.)

The best thing you can do right now is to contact Dell and inform them about this. Tell them that you request a statement in writing from them about the account you did have. If the summons provided an account number, then reference that account number when you speak to Dell. You can contact Dell Financial Services at the following telephone number:

1-800-283-2210

Their hours are from Mon.-Fri....7am - 8pm CST. Since you are on a time crunch, sending this by mail might be too slow. A fax copy would be sufficient for the answer. If you need access to a fax machine, I have one in my home, and you are welcome to have them fax it to me. I can then send it to you by overnight mail, so that you will get it much faster. Companies like Dell are usually not going to go to much trouble, especially on an old account, so if you would like to go this route, private message me and I will reply with the phone number you can give to them. Dont worry about the cost, its only a couple bucks and I am all about helping out others in here. Since you have 20 days to answer, we can get this done in plenty of time. If you can get Dell to state in writing that the account in question--especially if they say the same account number as this summons--was paid in full, then your affirmative defense would look like this:

AFFIRMATIVE DEFENSE:
Defendant has contacted original creditor, Dell. Dell has provided defendant with written statement concerning account #(insert account number here), and stating that this account was paid in full and subsequently closed, as evidenced by attachment hereto referenced as Exhibit "1" . Thus, defendant requests immediate dismissal of this case.

One more thing, you should also check the courthouse in the county where they have filed this complaint. It has happened in the past that CA's send paperwork like this that is fake, to panic a debtor into paying them in a hurry. You should verify that this is in fact a real summons for a real case.

as usual, l;aw student is on the money....

ok, I looked up the Kentucky Rules of Civil Procedure. This is what I found for the requirements that law student mentioned:

"Except for exhibits and printed briefs, all pleadings and papers filed in the courts shall be typewritten in black type no smaller than 12 point on unglazed white paper 8 1/2 by 11 inches in dimension, leaving at least a double space between lines, a 1 1/2 inch margin on the left side, and shall be clearly readable. This requirement shall not apply to computer printouts or similar reproductions prescribed by the Administrative Office of the Courts for use in the district court or to orders, judgments and other papers routinely prepared by the circuit and district courts."

Hope this helps.

Sorry, I was thinking of Florida, you're in Kentucky.

Very good answers!

What is a affidavit of opposition, I the defendant need to file this paper work to fight the plaintiff. I live in florida

Can I file an affadavit of oppostion because the plantiff attorney file a motion for final judgment. please help me asap. Thank you very.